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From the Desk of Trevor Potter

Dear John,
 
Elections are not supposed to be controversial.
 
I’m not talking about the tumultuous events of the typical campaign in our politically polarized country.

I’m referring instead to the purely administrative, but vitally important work performed by election workers. These public servants are our friends and neighbors, quietly doing their part to ensure election results reflect the choices made by voters.
Most of us never get to see the many processes involved in election administration: maintaining voter registration lists, processing mail-in ballots, ensuring voting equipment remains in good working order, canvassing ballots after they are cast to ensure the results are accurate and much more. It’s a year-round job that requires a high degree of professional expertise and a commitment to democracy for all.
Unfortunately, the low-profile nature of election administration has made this profession an easy target of an onslaught of misinformation and disinformation about the integrity of our elections. As it turns out, when people don’t know what happens to ballots after votes are cast, they are more likely to question whether or not the process is fair and accurate.
 
Blaming unexpected losses on election administrators and workers tasked with processing ballots, counting votes and reporting vote totals used to be a rare occurrence, but that is no longer the case. A nationwide survey in 2022 revealed that one out of every six local election officials had personally experienced threats due to their jobs, with 77% of them reporting that threats and violence had increased in recent years.
 
The impact on our elections workforce of bogus conspiracy theories has been on full display over the last four years. One high-profile example is Clint Hickman, a Republican Arizona businessman who as Supervisor for Arizona’s largest county is responsible for certifying election results. His decision to do so in 2020 against the wishes of the Trump presidential campaign unleashed a wave of threats to himself and his family, leading to his recent decision to not stand for re-election.
 
A few more chilling examples to illustrate the dimensions of this threat:
  • At least four fentanyl-laced envelopes were sent to election offices in five states last November, delaying the counting of ballots in California, Georgia, Oregon, Nevada and Washington.
  • A New Mexico man pleaded guilty in February to engaging in a series of targeted shootings of residences belonging to elected officials and said a losing Republican candidate recruited him to conduct those shootings.
  • A Texas man was sentenced to two years in federal prison for posting a Craigslist message calling on "patriots" to murder election officials in Georgia. According to prosecutors, the man wrote: "One good loyal Patriot deer hunter in camo and a rifle can send a very clear message.”
 
I can’t imagine what it must be like to dedicate your professional career to ensuring free and fair elections only to have your reputation smeared and your life threatened by strangers you’ve never met. These actions are driven by the misguided belief that election officials are trying to rig the results of elections, despite any evidence to the contrary.
 
At Campaign Legal Center, we firmly believe those who are caught threatening or harassing election workers ought to be held accountable under the law to deter others from engaging in this kind of anti-democratic behavior. Protections must be provided before, during and after Election Day, and must be written to cover a broad range of threats.
 
Nevada is one of several states that has recently taken action to improve protections for election workers. Passed by a bipartisan majority, the Nevada law includes essential provisions such as penalties for “doxxing,” which is the act of publicizing an individual’s personal information without their permission. CLC supported the Nevada law and advocated strongly for a new election worker protection law in Michigan. I am pleased to announce that Michigan Secretary of State Jocelyn Benson will be joining CLC for a virtual discussion on March 27 focused on protecting election workers. I hope you will tune in!
 
Many of us think of the workplace as a safe environment, and the same should be true for election workers. We depend on these indispensable public servants to operate the machinery of our democracy — to execute orderly, reliable and secure elections. With very few exceptions, they perform this task exceptionally well.
 
The best example I can think of is 2020, when election offices across the country successfully met the challenges posed by the COVID-19 pandemic — resulting in an election that was considered to be one of the most secure in recent history, with record turnout and minor administrative hiccups.
 
New challenges make election officials’ jobs even more difficult, such as an evolving cyber threat that now includes the use of AI to deceive voters. In the face of such challenges, the least we can do for election workers is to make sure the laws protecting them are robust enough to ensure their personal safety and security.
Sincerely,

Trevor Potter
President, Campaign Legal Center
 
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